The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2024 12:01:20 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.504 OF 2023 Maa Dwarasuni Gramya Urnayan Committee, Ganjam …. Petitioner Mr. Deepak Kumar Panda, Advocate State of Odisha and others …. Opp. Parties -versus- Mr. Debendra Kumar Mohanty, Additional Standing Counsel Mr. Sukanta Kumar Dalai, Advocate (For Opp. Party No.7) None (For Opp. Party Nos.6 and 8) CORAM:
Decision
JUSTICE K.R. MOHAPATRA ORDER 24.09.2024 Order No. 02. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition prays for a direction to the Opposite Parties, more particularly, Block Development Officer- Opposite Party Nos.3, Tahasildar, Ganjam-Opposite Party No.4 and Inspector-in-Charge, Rambha Police Station-Opposite Party No.5 to provide proper administrative and police assistance to the villagers of Podagarh village for construction and renovation of the dilapidated community hall (Kothaghara) situated over Revenue Plot No.468, Khata No. 485 in mouza Podagarh- Jhatipadar under Ganjam Tahasil in the district of Ganjam (for brevity ‘the case land’). 3. Mr. Panda, learned counsel for the Petitioner submits that a ‘Kothaghara’ was existing over the case land since long. ‘Maa Page 1 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2024 12:01:20 Brundabati’ is being worshipped over adjacent Plot No. 469. As the case land is nearer to the sea, it gets destroyed repeatedly and is being constructed with the aid provided by BDO, Ganjam. In the year 2021 work order under Annexure-3 was issued by Sarpnch, Ramagada Grama Panchayat for construction of the community hall. Assailing the same, Opposite Party Nos.7 and 8 moved this Court in W.P.(C). No.40272 of 2021 with a prayer to restrain the Opposite Party Nos.2 to 6 therein from constructing the community hall on village Danda. None of the villagers were made parties to the said writ petition. However, the writ petition was disposed of on 31st March, 2022 with the following observation and direction: “6. Taking into consideration the facts and circumstances of the case, this Court feels that a decision for construction of the community hall in village Podagada Jhatipadar should be taken in presence of the villagers as well as Petitioners. 7. In that view of the matter, this Court disposes of the writ petition with a direction that the Petitioners shall appear before the BDO, Ganjam-Opposite Party No.3 on 18th April, 2022 along with a copy of this order to receive further instruction in the matter. On receipt of the order, BDO, Ganjam shall convene a meeting in presence of Tahasildar, Ganjam to take a decision on the allegations of the Petitioners giving notice to the Petitioners and the villagers or their representative to be present in the said meeting. Since no construction work is being undertaken at present, as indicated by the Tahasildar, Ganjam in his written instruction, this Court directs that till a decision is taken on the Petitioners no construction of the allegation of community hall shall be made over the site selected. The decision so taken shall be communicated to the Petitioners forthwith.” Accordingly, the BDO, Ganjam convened a meeting on 3rd 4. July, 2024. But, the Opposite Party Nos.7 and 8 did not appear in the said meeting, for which no decision could be taken in the said meeting. It is submitted that due to the restraint order passed in Page 2 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2024 12:01:20 W.P.(C). No.40272 of 2021, construction of the Kothaghara (community hall) has been stopped awaiting decision to be taken by the BDO, Ganjam, for which the Petitioner along with the villagers are seriously prejudiced. Hence, this writ petition has been filed. 5. Mr. Dalai, learned counsel for the Opposite Party No.7 submits that pursuant to the direction of this Court in W.P.(C). No.40272 of 2021, Opposite Party Nos.7 and 8 appeared before the BDO, Ganjam and submitted the copy of the order. But, no meeting was convened immediately by the BDO, Ganjam. The Opposite Party Nos.7 and 8 have already left for Surat in the meantime and they were never noticed to appear before the BDO, Ganjam. He further submits that a copy of counter affidavit filed by the Tahasildar, Ganjam-Opposite Party No.4 should be served on him to take instruction in the matter. 6. On perusal of the order sheet, it appears that the matter was listed on 2nd September, 2024 on which date, this Court directed to list this matter on 24th September, 2024 under the heading ‘Fresh Admission’. It was clarified in the said order that endeavour would be made for final disposal of the writ petition on the on the next date, i.e., today without waiting for counter affidavit of Opposite PartyNo.7, if not filed in the meantime. No counter affidavit has been filed in the meantime. Thus, without waiting for the counter affidavit of Opposite Party No.7, this Court proceeds with the matter. 7. Office note dated 3rd October, 2023 indicates that AD returned from Opposite Party Nos.6 and 8 after valid service. Tracking report of the postal department confirms service of Page 3 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2024 12:01:20 notice on Opposite Party Nos.6 and 8. Thus, notice on Opposite Party Nos.6 and 8 is treated to be sufficient. But, none appears for Opposite Party Nos.6 and 8 at the time of call. 8. Mr. Mohanty, learned Additional Standing Counsel referring to the counter affidavit submits although a direction was made to the Petitioners in W.P.(C). No.40272 of 2021 to appear before the BDO, Ganjam on 18th April, 2022, but, the Opposite Party Nos.7 and 8 (Petitioners therein) did not appear on the said date. However, in compliance to the order in the earlier writ petition, the BDO, Ganjam called a meeting on 3rd July, 2024. But, the said meeting could not be convened due to engagement of the BDO, Ganjam in Ratha Yatra duty at Puri. Soon after he returned, the meeting was fixed to 3rd August, 2024. But, Opposite Party Nos.7 and 8 did not appear. Thus, no decision could be taken in the said meeting. He, however, submits that if the villagers along with Opposite Party Nos.7 and 8 cooperate, a decision can be taken in the matter. 9. Considering the submission made by learned counsel for the parties, this Court finds that inspite of the direction of this Court dated 31st March, 2022, no meeting was convened till 3rd July, 2024. The reason for not convening the meeting immediately is not stated in the counter affidavit. However, it is stated that in the counter affidavit that the Opposite Party No.7 and 8 did not appear before the BDO, Ganjam on 18th April, 2022 as directed in W.P.(C). No.40272 of 2021. 10. Mr. Dalai, learned counsel for Opposite Party No.7 submits that Opposite Party No.7 and 8 have left for Surat in the meantime. Page 4 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2024 12:01:20 11. Be that as it may, since this Court has given a specific direction in W.P.(C). No.40272 of 2021 to resolve the issue, endeavour in that regard should be made at the earliest. 12. Hence, it is directed that meeting shall be convened in the village by the BDO, Ganjam in presence of the Tahasildar, Ganjam giving seven days’ notice affixing it at conspicuous places of the village- Podagarh-Jhatipadar including the case land. The notice of the meeting shall also be done by beat of drum in the village of Podagarh-Jhatipadar. An endeavour shall be made by the BDO, Ganjam to take a decision on the next date of meeting or on the subsequent date(s) to be declared in the said meeting. The meeting shall not be cancelled/postponed due to non-appearance of Opposite Party Nos.7 and 8 in the meeting in terms of the direction of this Court in W.P.(C). No.40272 of 2021. 13. This writ petition is disposed of accordingly. 14. Parties along with the villagers are expected to cooperate with the BDO, Ganjam to take a decision in the matter at the earliest. 14. As requested, a copy of this order shall be made over to Mr. Mohanty, learned Additional Standing Counsel for communication and compliance. Urgent certified copy of this order be granted on proper application. Rojalin (K.R. Mohapatra) Judge Page 5 of 5